Maximums V Barclaycard

[maximums]

Hi there folks.

I have just joined legal beagles and have quite a few claims already going on. I will add them to my signature in time.

I have some dodgy stuff happening with my Barclaycard non-compliance case.

Basically... I'll try and cut it short... I began a non-compliance court case against barclays after waiting since November 2006 for the Data Request.

I have a court date of the 20th July 2007.

I now have some statements, but not all. I have been emailing Adrian Ruffhead over the past week or so about these missing statements, and he has been sending me out bundles of statements for the missing dates as I have requested them.

The BIG dodgy problem I have is that there are a chunk of statements dating from May 04 to Dec 05 that all show a balance of zero and show no transactions. This is not a true copy as I have NEVER had a balance of zero... and certainly not for a period of 19 months.

I asked Ruffhead... or Ruffnuts as I like to call him nowerdays... to re-send the missing data for that period. Again they arrived promptly (the day after the email... why couldn't they be that quick in the forst place)... only again they were showing a balance of zero.

These statements seem to be fob off statements for a period of 19 months. The opeing balance does not follow on from the closing balance of the statement before (April 04), nor does the closing balance of the last blank dodgy looking statement tally with the opening balance of the Jan 06 statement.

Bear with me... I know it's a lot to take in...

So... These statements are obviously not a true copy of the originals. Why they keep sending me blank statements is a bit suspect. I assume they are trying to fob me off with these because they do not have the data I have requested... somehow they have lost or detroyed it. Each time they send me a new bundle the covering letter urges me to' vacate the hearing' and inform the court that the case has been settled. Obviously they do not want to go to court over this... so what should I do?

I have made a claim to the data I do have and estimating for the missing period. I have already issued a prelim and an LBA... but haven't started court proceedings for the charges claim yet as I was hoping to get the non-compliance one settled first. I am happy to take them to court with using estimated amounts... but am wondering if I will be able to wangle a settlement out of them by playing on the non-compliance case.

I have emailed Ruffnuts and asked him if the copies he has sent me are true copies, a actual record of history. He has not replied as yet.

1. What would happen if I proved they have sent me 'fake' statements and are exposed as trying to produce fraudulant copies in order to decieve me into thinking they had complied with the data request?

2. Should I let them know I suspect that as fraudsters (not in so many words) and use this to get a settlement out of them?

3. What can I put in my court bundle in relation to this?

Advice or comments welcome....

Maximums

[enaid]

There was someone over the rd with same problem, blank statements. It was only yesterday, don't know what response she has had. Hope that helps, least you know you are not on your own.

[enaid]

Maxine 989 under Barclaycard

[maximums]

Thats me...

[enaid]

so sorry, you might be on your own then

[maximums]

'Over the road'... Is that the term used for 'Them Who Shall Not Be Named'?

I have moved over to this side of the road... The trees are greener over this side and the parking problem isn't as bad.

[maximums]

so sorry, you might be on your own then

Looks that way.. although I did speak to someone who said they were fobbed off with dupilcate statements rather than blank ones.

I can't be the only person who Barclaycard have managed to loose data for?... but so far it seems that way.

Any suggestions on how to move forward with this?

[maximums]

It's the end of the day now and still no response from Ruffnuts.

Guess he's not as eager to explain why i have blank statements.

I think my next move is to compile a letter and try and get some sort of settlement from them before I agree to drop the non0compliance case.

Will ponder on it later tonight and try drafting something up... any ideas folks???

[Happyolddog]

Hiya Max,

For the period where the statements are missing, I would be inclined to average an estimate. Use the previous 18 months and the following 18 months and take the average figure.That way you will be pretty close to the figure and will not be held up by their delaying tactic.

Good luck,
Hod..Liam..

[maximums]

How does this sound to you guys:

Barclays Legal & Compliance
Litigation & Disputes
Level 29
One Church Place
London
E14 5HP

Dear ********

Below is a list of all the correspondence I have sent to relevant parties regarding the Subject Access Data Request and the reclaiming of my charges. As you can see it is quite an extensive list, which has wasted a lot of my time and resources to produce.

• Subject Access Data Request letter sent on 17th of November 2006
• Preliminary Request to refund charges (estimated) sent on the 29th November 2006
• Letter before Action (for estimated charges) sent on the 22nd December 2006
• Amended LBA for estimated charges sent on the 05th January2006
• Complaint form sent to Information Commissioner’s Office 23rd Jan 2007
• Data complain LBA letter sent on the 26th January 2007
• Letter to Adrian Whalley sent on 29th January 2007
• Partial refund decline letter sent on the 27th January 2007
• Letter to Legal Department sent on 15th March 2007
• Letter 2 to Legal Department sent on 22nd March 2007
• Letter sent to Adrian Ruffhead disputing data sent April 2007
• Court reminder & missing statement dates sent to Adrian Ruffhead 3rd June 2007
• Email sent to ICO discussing non-compliance sent 3rd June
• Email sent to adrian.ruffhead@barclays.com 3rd June 2007
• Email sent to adrian.ruffhead@barclays.com 4th June 2007
• Email sent to adrian.ruffhead@barclays.com 5th June 2007
• Email sent to adrian.ruffhead@barclays.com 7th June 2007
• Email sent to adrian.ruffhead@barclays.com 10th June 2007

On the 9th of June I received the third attempt at providing me with the data
I originally requested back in November 2006. In the bundle were statements dating from May 2004 through to December 2005 all for account 4929 *** **** ****, which also appears as 4929 **** **** ****. I have enclosed the said statements for your perusal. For contrast I also enclose copy statements for April 2004 and January 2006 Supplied by Bar******d on the 30th March 2007.

April 2004 statement closing balance of £xxx contrasts with May 2004 statement opening balance of £zero. December 2005 statement closing balance of £zero contrasts with January 2006 statement opening balance of £xxx. During this period of May 04 – Dec 04 I paid in some payment cheques into my Ba*******d account, cheques which appear on my bank statement but not on Ba*******d statements. As additional proof I can obtain photocopies of said cheques from my bank, at additional cost.

I cannot avoid the conclusion that my Ba********d statements May 2004 thru Dec 2005 are untrue. I am at a loss as to how, where, and why aforesaid statements were reassembled or reconstructed, as these do not bear a remote resemblance to the truth. I am even more perplexed why Ruffnuts suggested in his letter accompanying the 6th June delivery (copy enclosed), that since “all statements requested have now been provided, no purpose will be served by continuing with what is effectively an unnecessary hearing” and that I should forthwith drop my reclaim case. I am unclear if Ruffnuts advice raised the issue of a motive.

Having been denied true honest copies of statements to which I am legally entitled, I have therefore been denied evidence from which to submit an accurate reclaim action. Whereas before Barclaycard was facing a civil Unlawful Charges reclaim lawsuit, they are now facing the grave question of allegedly supplying criminally falsified evidence.

If Ba********d is facing an impossible IT problem over reprinting certain old statements, then I can offer a solution.

Denied a true record of unlawful charges throughout the aforesaid period, I have no alternative but to make my best estimate of same for the said period, erring on the high side to be safe. The grand total of my reclaim from both of my Barclaycard accounts amounts to £*,***.00p, as itemised on the two attached schedule of charges. I suggest Barclaycard forthwith settles in full out of court. After which I shall abandon both my charges reclaim lawsuit, my non-compliance lawsuit and my action on untrue statements supplied by Barclaycard.

Should you refuse to settle, you leave me no alternative but to present your untrue statements to the Information Commissioner, and your regulator the OFT, for legal redress. The statements and correspondence between Ba*******d and myself will also be included as part of the evidence on which I intend to reply on in court and will be presented to the judge in the court bundle. Once started down this route, it is hard to avoid public questioning of Ba********d’s statement integrity, or even public speculations re forgery – questioning in front of the press, with a nationwide audience including millions of Ba*******d holders and commercial outlets.

In the absence of your reply I shall irrevocably start down this road in 7 days time, on 19th June 2007.

I trust this clarifies my position.

Yours truly,

maximums

[Happyolddog]

Sounds darn good to me Max, you might want to avoid any derogitory statements like ruffnuts, rather putting the correct spellings. Other than that I think you have a well constructed letter.

Go girl,
Best wishes,
Hod..Liam..

[Celestine]

LOL Good point HOD, it just needs to be a bit more 'formal' in places, e.g. I
wouldn't say 'wasted a lot of time', use the word cost instead.

There was another similar case regarding Abbey National, when the microfiche arrived it did NOT match the few statements the claimant already held from that period. I'll try and find out what happened.

You have a sound case for non-compliance, pursue it all the way.

[maximums]

Cheers for comments

I've only put Ruffnuts on this version... on my original it has his real name... ha!

And you're right about the wasted time bit... will edit that. Also gonna take out the final sentence as it could indicate a hesitancy.

[maximums]

Ruffnuts has well and truly landed himself in a pile of poop.

I got this email today:

Dear Maxine,
The Barclaycard team confirm that the copy statements sent to you are true copies.

As regards the change of card numbers for account ending 9005 was because the account was closed in 2002. Account ending 1004 was the account number that replaced it when it re-opened. I understand that it is the same situation for the other account.

I am concerned that the hearing date does not appear to have been vacated. There is no reason for any hearing to take place, nor to prepare any bundles of papers for the Court and the hearing and action should now be withdrawn.

If it is not, I will have to take steps to arrange representation at the hearing. Please confirm it is withdrawn.

Regards,
Adrian Ruffhead
Litigation & Disputes Team,
Level 29,
1 Churchill Place,
London,
E14 5HP.
020 7116 7532
C/W 7 6006 7532
adrian.ruffhead@barclays.com


He has confirmed that the statements are true copies in the email, which is a complete fabrication of the truth. They are not true copies. I am 100% sure of this. I have never had a balance of zero, certainly not for 18 consecutive months... and the balances on the other statements dont tally before and after...

And the strange unknown account number reverts back to the original number in Jan 06, so this statement 'As regards the change of card numbers for account ending 9005 was because the account was closed in 2002. Account ending 1004 was the account number that replaced it when it re-opened' is also untrue.

He has sent me confirmation that 'the B**********d team' have sent me falsified statments and also confimed that B********d tell their customers complete cods wollop to shut them up.

I have sent the letter (posted in post number 10) - with a few tweeks here and there - to him this afternoon 1st class recorded delivery, along with copies of the suspect blank statements, along with copies of a before and after true statement (which shows opening and closing balances) and copies of all the dodgy correspondence from him that urge me to drop the court case.

I wish I could be a fly on the wall when he opens the letter. Surely he is going to feel uneasy. He and the B********d team are in deep water and they haven't got an easy way out of it.

I am not eager for a show down... I would just like them to pay up the dosh that they have taken from me... but if they want to play it that way, then... Bring it on!!

If they do pay up (fingers and toes crossed)... then I shall pay off my visa and mastercard and close the accounts, never to do business with Bull*****ing B*********d ever again!!

I am in shock. Barc******d are such fraudsters. How can they be allowed to be a bank when this is the way they oporate.

Maximums

[maximums]

I have had no response from eith Ruffnuts or Barclays HQ. What to do now???!!!

Arggghhhh!!!! I suppose I will have to start down the route of reporting Barclaycard for purposely supplying me with fake statements.

Any advice???